Rudolf Elmer files against Swiss banking secrecy at ECHR

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					Rudolf Elmer files against Swiss banking secrecy at
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      1 Document Provenance
      2 Document
          o 2.1 Preamble from Wikileaks
      3 Document Proper
          o 3.1 EUROPEAN COURT OF HUMAN RIGHTS
                3.1.1 APPLICATION
          o 3.2 THE PARTIES
                3.2.1 APPLICANTS
                     3.2.1.1 THE FIRST APPLICANT
                     3.2.1.2 THE SECOND APPLICANT
                     3.2.1.3 THE THIRD APPLICANT
                3.2.2 THE HIGH CONTRACTING PARTY
          o 3.3 STATEMENTS OF THE FACTS
                3.3.1 The threat of criminal offense
                     3.3.1.1 What is being protected here?
                     3.3.1.2 Who is protected by Article 47?
                3.3.2 Threat for life and limb
                     3.3.2.1 Homicides
                     3.3.2.2 False certification
                     3.3.2.3 Forgery of documents and backdating of
                       agreements
                     3.3.2.4 Evasion of social security premiums
                     3.3.2.5 Malicious damnification of financial
                       property of the United States of America
                     3.3.2.6 Malicious harm of Swiss respectively
                       German tax
                     3.3.2.7 Duty of disclosure/Possibilities for
                       complaint towards inland and foreign tax
                       authorities
                     3.3.2.8 Coercion via stalking
                     3.3.2.9 Relationship customers – bank –
                       employees
                     3.3.2.10 Secret proceedings anticipate a fair
                       process
                       3.3.2.11 Representation by a lawyer and access
                        to records only under constraints
                      3.3.2.12 Onus of proof in secret proceedings
                      3.3.2.13 Abuse of legal instruments
                      3.3.2.14 Procrastination
                      3.3.2.15 Massive damnification of family and
                        private life due to coercion and stalking
                      3.3.2.16 Inhumane and degrading treatment of a
                        human
                      3.3.2.17 Expropriation of files as of lack of legal
                        basis
                 3.3.3 Conclusions
                      3.3.3.1 Secret proceedings - no individual cases
                      3.3.3.2 Abuse of the right to free expression of
                        opinion
         o   3.4 STATEMENT OF ALLEGED VIOLATION(S) OF THE
             CONVENTION AND/OR PROTOCOLS AND OF RELEVANT
             ARGUMENTS
         o   3.5 STATEMENT RELATIVE TO ARTICLE 35 PARAGRAPH
             1 OF THE CONVENTION
         o   3.6 STATEMENT CONCERNING OTHER INTERNATIONAL
             PROCEEDINGS
         o   3.7 ATTACHMENTS (IN NUMERIC ORDER)

Document Provenance
                               Edit Caution
                      Read this before editing this page

Translation of a Swiss legal document by Wikileaks edorial dated 14 May
2008
Source: Wikileaks

Disclaimer (item 3)

This is copy of the corresponding Wikileaks page as at 24 November
2011. It is an English translation of the complaint in German sent by Rudolf
Elmer to the European Court for Human Rights (ECHR).

Document
Preamble from Wikileaks
RUDOLF ELMER & DANIEL SCHMITT (translator/WikiLeaks) & JULIAN
ASSANGE (editor/WikiLeaks)
May 14, 2008 Rudolf Elmer, situated in the tiny Island offshore banking
haven of Mauritius, was unable to source a lawyer willing to take on Swiss
banking secrecy and its wide-ranging implications as a European matter
before the ECHR and has thus written the complaint himself. While
eventually not being formally perfect, the letter most clearly describes the
problem surrounding the Swiss banking secrecy law, secret legal
proceedings and witness protection legislation.

The letter, its attachments and the translation below are published on
WikiLeaks for public review and a more detailed understanding of Swiss
banking procedures.

The full document context can be found on this Wikileaks page.

The letter has been translated to the best of the translators knowledge, yet
lacking any specialized background in legal translation it can not be perfect.
Any misleading translation mistakes should be submitted to the discussion
page. The German document remains authoritative.

Document Proper
EUROPEAN COURT OF HUMAN RIGHTS

COUNCIL OF EUROPE, STRASBOURG, FRANCE



APPLICATION

under Article 34 of the European Convention on Human Rights and Rules
45 and 47 of the Rules of the Court


Important: This application is a formal legal document and may affect your
rights and obligations

THE PARTIES
APPLICANTS

THE FIRST APPLICANT
1.Surname:      Elmer (Daughter)
2.First name:   Helena Charlotte Anna
3.Sex: female
4.Nationality: German / Swiss
5.Profession: N/A
6.Date and place of birth:     XXXXXXXXXX, in Grand Cayman, Cayman
Islands
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)

THE SECOND APPLICANT
1.Surname:     Heckel Elmer (Wife/Mother)
2.First name: Adelheid Mechtild
3.Sex: female
4.Nationality: German / Swiss
5.4. Profession:       Secretary, Dipl. Physical Therapist
6.Date and place of birth:     XXXXXXXXXXX in Augsburg, Germany
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)

THE THIRD APPLICANT
1.Surname:     Elmer (Husband/Father)
2.First name: Rudolf Matthias
3.Sex: male
4.Nationality: Swiss
5.Profession: Certified Public Accountant
6.Date and place of birth      XXXXXXXXXX, in Zurich, Switzerland
7.Permanent address:   XXXXXXXXXX
8.Tel No:      + xxx xxx xx xx (home)
THE HIGH CONTRACTING PARTY

(Fill in the name of the States against which the applicant is directed)
Switzerland and Canton Zurich
STATEMENTS OF THE FACTS

Central basis for the following description of human rights violations is the
Swiss banking secrecy, Art. 47 of Swiss banking law with secret legal
proceedings. With this law, Switzerland violates Article 1 of the convention.

Laws are created when many decisions are subsumed in a way it can be
called a norm, to not bother courts permanently. The cause for the strict
Swiss banking secrecy are not normal bank files and banking-related
decisions for a normal trade-secret, but the protection of „white-
collar“ criminal offense of customers and employees of the bank, aiding
and abetting to those crimes within the bank, all under the hood of a the
banking secrecy. With these criminal offenses immense profits are derived.

Normally one can proceed against criminal offenses in a constitutional
state. But this would require the complete disclosure of circumstances,
data and banking documents and would result in a violation of Swiss
banking secrecy.
To be perfectly sure that there is not violation of this trade-secret, severe
punishment impends. In Article 47, 3 lies the special banking secrecy.
Here additional cantonal legal proceedings for witnesses have been
implemented, that naturally – as being carried out lawfully in secret – are
not verifiable and are solely in the discretion of the [local] authorities.

Any secrecy of lawful proceedings significantly threatens and violates Art.
6 of the Human Rights Convention, the right to a fair process and therefore
human rights and the constitutional state.

Our complaint is therefore not directed towards highest and final authority
judgments, but towards Art. 47 and the according to Art 47,3 included legal
procedure of Zurich criminal code towards interrogation of attestors and
treatment of the defendant. Criminal code §17, §19, and §131ff. Under
these circumstances there is no fair process.

Due to the evidence in form of described circumstances (hitherto rulings,
procrastination, excessive confiscation of data etc) this becomes clear.
The „most secure banking secrecy in the world“ in my case therefore is a
law being used to abuse procedures of a constitutional state.

With Art. 47, of the banking law – the famous Swiss banking secrecy – and
the proceedings created under its hood for confederate and cantonal
criminal code (StPO) §17, §19, and §131 ff., any fair process was and is
lawfully anticipated, which presents the threat itself.

So if I want to protect myself and my family against in the following
described threats, against wrong accusations, imprisonment and searches
of my home by giving evidence and files from the bank in relation to their
claims against me, I am violating the banking secrecy and am subject to
secret lawful proceedings as to incomprehensible, untraceable judgments.
An exemption from the banking law is in practice only given in very strong
cases like weapon or drug dealing and some money laundry cases.

It therefore also is impossible to proceed against Bank Julius Baer of the
proceedings of the Zurich prosecutor. They act lawfully as do the judges,
what Swiss legal advisers have confirmed.

As the secret proceedings around the banking secrecy are implemented as
laws, political and time-consuming action is needed for clarification, that
exceed the means and time of a single person.
The instances [one has to have passed] normally mandatory for filing with
the [European] commission can hence and as of impending threat for the
family not be fulfilled. We are therefore directly reaching out to the
European Court for Human Rights, as the time factor has become
essential and the threat level has risen.



The threat of criminal offense

The Swiss banking secrecy contains specialties, through which
arbitrariness is preprogrammed, on one hand to imprison, was in my case,
and conviction of innocent, on the other hand for the protection of real
criminals, if they were or are customers of the bank or their abettors within
the bank.

In this context the Swiss banking secrecy has to be examined:

Banking law code of criminal procedure Art. 47 1)
„Who discloses a secret, that he has been entrusted with him in his
capacity of an organ, employee, assignee, liquidator, or commissar of a
bank,
observer for the banking commission, organ or employee of an accredited
auditing agency, or that he has perceived in said capacity, who seduces
to violation of professional secret, will be punished with up to 6
months of imprisonment or fined up to 50.000 francs.“

What is being protected here?

„A secret“ within the banks. Crimes are not excluded as within a trial over a
felony files – bank files would have to be disclosed. As this is unlawful
according to Art. 47,1, disclosure of a offenses, as in my case i.e. fraud,
forgery of documents and false certification, are being treated as abetment
under the Swiss banking law. These offenses are no severe crimes like
drug dealing and money laundering and therefore they are protected by
the bank secrecy in the same way as tax-evasion and partly -fraud.

An information exchange with other states is in case of such criminal
misfeasance prevented by the bank law.

Hence, if write offs of a bank in Switzerland, that underlies the Swiss
banking secret, are really only of normal business loss, as being
propagated throughout the current banking crisis, or personal or bank-
internal enrichment via criminal offenses, stays a Swiss banking secret in a
double sense of the word: When I disclosed information related to alleged
offenses within the bank to the tax authorities, I was imprisoned to
everyones surprise, even though the authorities engaged into criminal and
summary proceedings against third parties based on the disclosed
information.

      Evidence 05 Protocol of investigation, police Canton Zurich,
       31.05.2007



Who is protected by Article 47?

Basically criminal offenses, but to each offense there is an offender.
Anyone that by Article 47,1 is part of a precisely demarcated group of
people, involved into into criminal offenses via banking files and through
consultation of customers, can become an accessory and aid and abet – in
whatever genre, relating to money laundry from crimes like human,
weapon- or drug-trafficking, tax-evasion or -fraud or other criminal actions,
as the commercial background of the money is not necessarily known.
Depending on ones position in a bank, there might exist a certain set of
problems or threats in that respect.

This is also explained in the documentation of UN – Commissar Prof. Jean
Ziegler „Switzerland washes whiter. The financial turntable of the
international crime“

As the former Chief Operating Officer of bank-house Julius Baer Bank &
Trust Co Ltd, Cayman Islands, with head office of the Baer group in Zurich,
I was part of this group of people.

Alone my knowledge over criminal conduct lead and leads to threats,
intimidation and retaliation techniques, in order to silence me – ultimately
as this pertains to large amounts of money, the reputation and existence of
the Julius Baer group, any other existing Swiss bank and therefore the
main income of Switzerland.

Threat for life and limb

The following circumstances are reasons and motives for the immense
danger my family and I are subjected to.
Homicides

Cayman Islands, February 2008, Frederic Bise, a Swiss banker from
Lausanne has been murdered. The case until today is unresolved. Julius
Baer Trust Company, Cayman Islands, is involved into the Salinas case
(former Mexican president). This story in part relates to the asset manager
of Raul Salinas, Curtis Lowell jun., supervisory board of Julius Baer Trust
Company, Cayman Islands and also representative for Julius Baer in
Mexico City until the whole story got disclosed in 1995. The Swiss criminal
prosecution is engaged in a criminal proceeding against Curtis Lowell jun.
since 1995, in respect to money laundry, drug dealing, embezzlement and
other crimes (in detail: BGE 133 IV 235). Raul Salinas brother was killed in
2004 and the Salinas funds of around $130.000.000 remain frozen in
Switzerland as of a 2006 ruling. The case is not resolved yet, Mexico and
Cayman are still investigating, but it is known that witnesses in this case
have been threatened and also eliminated (information from the Swiss
inquisitor in this case).

      Evidence 01 Consultation to the appeal of 13.04.2006, no data theft,
       not responsibility of Switzerland as per prosecutor A. Bergmann
      Evidence 02 Murder of Frederic Bise, Swiss Banker, 13.02.2008
      Evidence 03 133,IV.235 Excerpt from the ruling of the court of
       cassation, Swiss Federal Prosecutor against X, Y and Z (nullity
       complaint), File number 6S528/2006 of 11th of June 2007 (Salinas –
       Curtis Lowell jun.)
      Evidence 04 Confirmation of worktime of Rudolf Elmer by Bank
       Julius Baer, 06.06.2006



False certification

False certification of Bank Julius Baer and Trust Company in local
management protocols, that Buy/Sales decisions for the concern
investment portfolio, book-entry-wise run as a shadow accounting in the
Caymans, had been taken by local management, which I had not been
able to notify without breaking a law. But it is fact that Zurich took the
decisions and Buy/Sales orders were communicated via e-mail with time-
loss due to different timezones ex post and later on affirmed by
management protocols, to move the decision taking for tax reasons to the
Caymans.
      Evidence 27 Minutes of Meeting: Julius Baer, Cayman, 13.01.2000,
       RE: “Decision of Management”

False certification is an unlawful conduct under Swiss Criminal Code Art.
251. Die According to Swiss Criminal Code I could notify that offense, but
per banking secrecy I have to agonize. Agonizing is already an abetment
to a crime (Criminal Code Art. 18 and Art. 149), as it has in this case been
knowingly fulfilled.

Forgery of documents and backdating of agreements

The belated modification of documents as well as backdating fulfill the
corpus delicti for document forgery and would be notifiable.

Document forgery The result of the polygraph test was used for the
employment termination, even though the standard template of the
American Polygraph Association (APA) explicitly denies this action. This
was not according to moral and ethical standards the American
polygraphing expert is subject to as a member of the APA, nor appropriate
in respect to any employment- and civil-law of a constitutional state.

      Evidence 29 Consent Form Polygraph Test, 21.11.2002


Document forgery is an unlawful conduct according to Swiss Criminal
Code Article 251. According to Swiss criminal law I could testify against
this crime, but due to Swiss banking secrecy and Cayman confidentiality
law I have to agonize, or I could lose my job. Which in fact I have, as
based on a partial polygraph test my employment has been terminated. I
would have had to disclose secret banking information to engage into a
lawsuit against this, to explain motives and bring up evidence (Tax evasion
etc) for the termination. It also has to be regarded that Julius Baer,
Cayman is directly responsible to the Zurich holding Julius Baer Holding
AG and therefore, according to law, the Holding would have to take
responsibility for the acts of the subsidiary company. The supervisory
board of Julius Baer Holding AG, Zurich, also ultimately holds the
responsibility for the business conduct of Julius Baer group and the group's
enterprises.

Backdating of imprisonment justification My application for release has
been rejected by the custodial judge. This was justified based on the
testimony of my alleged wife. He seemed to have remarked this mistake
and re-dated a new rejection containing a new justification. The backdating
fulfills the corpus delicti of false certification as I have only days later
received the correct document.

      Evidence 19 Stipulation district court Zurich to Rudolf Elmer,
       11.10.2005; Stipulation in respect to application for release
       (imprisonment on remand: false wife Ranitha Kumaarasamy, false
       claims)
      Evidence 18 Backdated stipulation of district court Zurich to Rudolf
       Elmer, 11.10.2005, RE: stipulation to application for release
       (repeated rejection, different argumentation)



Evasion of social security premiums

The Swiss banking law Art. 47 of banking law, does not allow violations
against the social security system to be notified without breaking the
banking law. These CHF28.000 present the precaution insurance security
for me and my family from 1st of January 2002 until 30th of September
2002 and according to current law can not be handed down from employer
to employee. This also is the reason why the bank has immediately fulfilled
this payment after my appeal to the authorities. The statute of limitation
would have been over end of 2007.

      Evidence 08 Legal notice of denial in relation to evasion of social
       security payments, 30.10.2007
      Evidence 31 Employment with Julius Baer to Rudolf Elmer,
       16.09.2002, Repercussive agreement on precaution responsibility,
       Point 3
      Evidence 26 Letter compensation office for Swiss banking industry
       to Rudolf Elmer, 3.8.2007, supplementary compensation ruling


This in my eyes is incitement to fraud and also presents fraud on the Swiss
social security authority and therefore an unlawful action according to
Swiss criminal code Art. 148. Would I be engaging on this in a lawsuit, I
would have to disclose data subjected to banking secrecy to reveal the
motive for the action and would be punished according to Art. 47, the
banking law.
Malicious damnification of financial property of the United
States of America

Swisspartners Insurance Company Mr Jud Ireland, Telluride, Colardo:
P.W.C. Goulden (CEO of Julius Baer Trust Company, Cayman Islands)
acknowledges in his memo that Mr. Jud Ireland (customer) tries to defraud
American tax and P.W.C. gives hints on how this can be achieved.

      Evidence 22 Memorandum Julius Baer, Swisspartners, Mr Jud Irland,
       11.07.1997


The advice to malicious financial damnification of the USA in this case is
punishable according to Swiss criminal code Art. 149. This is not only
about advising but also aiding and abetment by Julius Baer Bank and Trust
Ltd, Cayman Islands, that defraud the USA. I had to agonize this.
Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art.
149), as it has in this case been knowingly fulfilled.

Jonathan Charles Lampitt Ceasar Trust. In an internal memo to Jonathan
George Charles Lampitt, a US beneficiary, it was noted that the trust
“should be treated for U.S. tax purposes only as owned by another person“.
This is a clear indication in regard to the payments in the same memo, that
Julius Baer offered aid and abet and accordingly instructed the fraud.
Additionally Julius Baer also created according documentation. The
necessary documents have been produced by Julius Baer Bank and Trust
Ltd, Cayman Islands, to make the circumstances accordingly clear.

      Evidence 30 Memorandum Caesar Trust Jonathan Lampitt „Trust
       should be treated for US tax purposes as owned by another person“


The instruction to malicious financial harm of the USA in this case is
punishable according to Swiss criminal code Art. 149. This is not only
about advising but also aiding and abetment by Julius Baer Bank and Trust
Ltd, Cayman Islands, that defraud the USA. I had to agonize this.
Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art.
149), as it has in this case been knowingly fulfilled.

Winston Layne Settlement. The memorandum makes perfectly clear that
Winston Layne owns a trust that is to be hidden from US tax authorities.
Julius Baer, Cayman as well as the Swiss Supervisory Board have been
aware of this criminal offense.
      Evidence 23 Memorandum Winston Layne Settlement „US property
       could lead to the Trust and the ownership“, 27.01.1999“


The advice to malicious financial damnification of the USA in this case is
punishable according to Swiss criminal code Art. 149. This is not only
about advising but also aiding and abetment by Julius Baer Bank and Trust
Ltd, Cayman Islands, that defraud the USA. I had to agonize this.
Agonizing is already an abetment to a crime (Criminal Code Art. 18 and Art.
149), as it has in this case been knowingly fulfilled.



Malicious harm of Swiss respectively German tax

Juerg Grossmanns G-Trust. Mr. Juerg Grossmann, owner of the
commercial superstructure Gattikon in the Canton Zurich uses his G-Trust
and its subsidiaries Lapstrade Ltd and Massaya Ltd, to finance his projects
in Switzerland, Germany and Mallorca, free himself of taxes and pay tax-
exempt monthly „salaries“, payments from the trust to his personal
accounts with Julius Baer, Zurich and Volksbank in Thalwill.

      Evidence 38 Documents revealing the money-flows and commercial
       conduct of Mr. Juerg Grossmann.


Also see: Wikileaks: „J. Grossmann revised“. He had the trust in its full
entirety to his disposal, which is why this makes it a so-called „Sham-trust“,
meaning the trust legally never existed, with the consequence that the
whole asset including both subsidiary companies would have to be
accounted to him in full, thus being subject to Swiss and German tax
authority. Julius Baer Bank and Trust Ltd, Cayman is responsible as so-
called trust expert. Lack of knowledge cannot be claimed as Julius Baer
Bank and Trust Ltd, Cayman is a well-known trust expert and also the
Swiss supervisory board members of the Cayman units knew about
everything about these transactions. Julius Baer Bank and Trust Ltd,
Cayman Islands therefore has acted unlawful in respect to aiding and
abetting, Art. 149. in maliciously harming the Swiss state.

I have been forced into aiding and abetting, as the Swiss banking secrecy
law and the Confidentiality Law of Cayman did not permit to notify these
circumstances. Agonizing is already an abetment to a crime (Criminal
Code Art. 18 and Art. 149), as it has in this case been knowingly fulfilled.
Duty of disclosure/Possibilities for complaint towards inland and
foreign tax authorities

It is only allowed to „charter sub-poena and duty of disclosure towards an
authority“ based on „confederate and cantonal regulations“. The attached
letter by Maples & Calder, Cayman, affirms that I was barred from voicing
my opinion, that is complaining about tax defraud, or also the polygraphing
test etc. I would have had to disclose secret client data to show the
motives and which would have been pursued as disclosure is a violation
according to Art. 47 of Swiss banking law.

      Evidence 32 Maples and Calder, Cayman „ongoing obligations of
       confidentiality and you may also be committing a criminal offense“,
       09.05.2003


The interpellations in the cantonal council Zurich and the national council
of Switzerland as a reaction to the first whistle-blower letter on Wikileaks
affirm that the Swiss tax system holds massive loopholes.

      Evidence 09 Interpellation National Council by SP Fraction (M.
       Kiener Nellen) Spring 2008
      Evidence 10 Demand (KR- NR /2008) to the Cantonal Council by SP
       Waedenswil, Julia Gerber Rüegg and Grüne, Oberreiden, Ralf
       Margreiter, Spring 2008
      Evidence: CD with customer data, methods and accounts of Julius
       Baer, Cayman, Zurich and New York, and further diverse Julius Baer
       group subsidiaries, that contains further evidence.



Coercion via stalking

Bank Julius Baer has engaged German and Swiss private investigators to
raise the pressure on my family. My daughter and I both needed
professional help to cope with this. Coercion via stalking is a criminal
action in Switzerland according to federal ruling BGE 129,IV,262 from
2003 but my complaint of June 2005 got procrastinated and finally rejected
on March 13th 2007 by the prosecutor of Zurich-Sihl. See evidence 40.
      Evidence 07 Legal notice of denial in relation to threatening/stalking,
       11.12.2007
      Evidence 33 Letter re Observation/Stalking by so-called „Private
       Investigators“ from April 2004 to Nov 2005 in Freienbach signed by
       witnesses.
      Evidence 35 Swiss federal ruling of 2003, qualifying stalking as
       coercion (129,IV,262) 26.08.2003
      Evidence 40 Prosecutor of [Canton] Schwyz acknowledges on 17.
       January 2007 that the complaint had been submitted via police
       rapport to police command Zurich on 30th of June 2005.



Procrastination

As the complaint from June 2005 did not get resolved, the complaints from
13th of March 2007 procrastinated and now even the appeal seems to be
delayed by the cantonal high court in Zurich, even though the appeal had
been filed on 3rd of January 2008, one has to think this is due to
manipulation. I have admonished the cantonal high court twice but keep
being put off. It seems that matters are again delayed in the canton Zurich.

      Evidence 37 Email cantonal ombudsman Zurich, 16.04.2008
       acknowledges that both appeals have arrived at the court the 3rd
       and 8th of January 2008.


Coercion via stalking

Above ruling says, that based on Art 181 of Criminal Code that „Coercion
via stalking (compulsive pursuit of a person), is a crime, namely when the
offender follows the victim in many cases or over a longer period of time“,
confining the freedom of action of the victim with time every single
harassment, resulting in this being an unlawful restriction of freedom of
action and therefore completed coercion.

      Evidence 35 Swiss federal ruling of 2003, qualifying stalking as
       coercion (129,IV,262) 26.08.2003


To stop this coercion I would have had to disclose secret customer data
and processes to the police, to show the motive and thereby would have
violated Art. 47 of the banking secrecy law. If I had done so, neither my
daughter nor me would have been protected by the Swiss witness
protection program.

The bank has received a copy from CASH [magazine] that had
anonymously been submitted to CASH but refuses to hand it over to the
police and thereby disclose the information until this day.

      Evidence 39 According to excerpt of an order by cantonal police
       Zurich of May 31st 207 the bank refuses to hand over the CD it had
       obtained from CASH.


The antimony of general criminal code and Art. 47, the banking secret, is
most evident:

If I do not aid and abet to fraud within the bank, I am punished according to
Art 47.; in case I aid an abet the fraud I am threatened by other articles of
the criminal code – in any case I can be punished. There is no way out.

Art. 47 is the threat and coercion to conducting a crime itself.

Therefore we are asking for immediate protection for our family and an
urgent treatment of this case. Since my imprisonment the handling of my
proceedings are being delayed and my family lives in uncertainty due to
repetitively being threatened.

Relationship customers – bank – employees

In effect that under the pressure of critical customers and their businesses,
the bank is raising pressure to the employees: when I realized the danger
and was no longer willing to subject me and my family to it, I have been put
under such mental pressure (mobbing) that I got sick.

      Evidence 36: Medical attest Dr. med. Felix Haefner (family doctor) to
       „To whom it may concern“, 18.2.2003, Medical History of Rudolf
       Elmer


In response to this the bank terminated my employment on forward fed
grounds. I wanted to struggle against this dismissal. But head of human
resources of the group Julius Baer Holding AG, Zurich, Dr. Georg Schmid,
threatened analogously: „... should I take legal action, I would be worn
down“.
      Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank
       Julius Baer Holding AG, Zurich, of 18. April 2008
      Evidence 21 Campbell, Attorney-at-Laws Description of
       circumstances, 27.02.2003


I was offered CHF 500.000,00 in the beginning that would have been paid
over 60 months with a reward in the end, which I did not take as this
amount of money would not have redeemed the threat still persistent for
my family. Only a new identity with all attendant cost could have saved me
and my family against this threat.

      Evidence 12 File notice lawyer Ganden Tethong Blattner „Hush-
       money“ in the beginning CHF 500’000, then 400'000, 27.06.2006; no
       extortion, as initiated by the bank.



Secret proceedings anticipate a fair process

Should I then take legal action against the employment termination and
disclose the bank files thereto, I violate the banking secret, Art. 47, and not
only are serious punishments pending. In Art. 47 – that I would violate, it is
further written:
3) „Charter of sub poena and duty of disclosure towards an authority
are reserved to be federal and cantonal regulations.“

the federal and cantonal regulations are proceedings for general witness
protection, composed more broadly then the Codive di procedure civile
ticinese of canton Tessin 3.3.2.1. Art. 185ff. - Witness protection for
representatives of banks and endeavors with lawfully secret
envelopes/secret questionings for/with judge and prosecutor. This type of
witness protection anticipates a fair process in many Swiss cantons.

Art. 47 – the banking secret violates the principle of a fair process in the
canton of Tessin as well as Zurich.

      Evidence: EGMR # 25940/04 (not included)


The European Court of Human Rights has manifoldly condemned
Switzerland for this (see below). Apparent is that Switzerland can claim 8
convictions out of 14 proceedings for itself, a sign, that these are not
individual cases but there rather is a system behind this.

The legally anchored secret proceeding for the banking secret – as of
Zurich criminal code (StPO), §131a.
1) To the protection of the questioned or third parties appropriate
steps have to be taken, if a considerable or serious danger is credent.
In special can:
  1. the public be excluded
  2. personal information be treated confidential
  3. the direct confrontation of the questioned person with the
defendant and third parties be prevented
  4. the appearance and voice of the attestant be distorted via
technical means.

With this lawful procedure confidentiality for questioning is foreseen, the
legal witness protection.

This one is not restricted though to children or other people as in
constitutional states like Germany, and it is not being restricted to
representatives of banks and companies, as in Tessin.

This witness protection, with the constraint - „a considerable or serious
danger [being] credent“ - opens the floodgates for arbitrariness and does
not allow for a fair process according to Art. 6 of the Human Rights
Convention.

Who decides on what is a considerable and serious danger?

The bank, that therefore has created the Swiss banking secret via Art. 47.

So the bank already perceives a considerable and serious threat in Art. 47
potentially being violated and can therefore classify it as considerable and
serious threat with the prosecutor.

The violation of trade/bank secret and therefore the secret witness
protection are being addressed quite high, as this pertains to
insurmountable amounts and profits – not as in crimes towards children,
confessional secrets, legal privilege or professional secrets. As can be
seen in current discussions on it, the church regards the banking secrecy
as immoral, the German publicist Angelika Fritz regards it as „Swiss
Swindle“ and „Coercion of Swiss citizens to aid and abet crimes“, and
Swiss UN commissar Jean Ziegler learns of the consequences in his own
way after publishing his book „Switzerland washes whiter“.
The Canton Zurich criminal code Strafprozessordnung (StPO) § 131
continues:
2) „The proceedings have to be proportional and impendence being
impossible to avert differently.“.

Such a legal phrasing allows any kind of interpretation of what is
„proportional“ and impending“.

As I did not take the CHF 500.000,00 in hush-money, the bank perceived
this as a threat. Naturally „white-collar“ crimes are still meant to be secret
within the bank.

In contrast to normal trade secrets, in whose context crime can be
investigated, this is not the case for the trade secret being the Swiss
banking secret. Human resources head of Julius Baer Holding AG, Dr.
Georg Schmid and jurists of the bank house Julius Baer perfectly know the
possible interpretations of Art. §131 and threatened „... should I take legal
action, I would be worn down“.

      Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank
       Julius Baer Holding AG, Zurich, of 18. April 2008


The bank made exactly this come true: as had been promised by Dr.
Georg Schmid (Head Human Resources Julius Baer Holding AG, Zurich) I
was „worn out“, as I took legal action and filed a notice with the tax
authorities.

      Evidence 11 My affidavit, witness Christoph Hiestand, jurist of Bank
       Julius Baer Holding AG, Zurich, of 18. April 2008


This corpus delicti had already been regarded as violation of the banking
secret (Art. 47, 1 and 3) by the bank and as „impending“ and „impossible to
advert differently“ (StPO §131, 1 and 2) by cantonal law enforcement
agencies and was immediately punished with a search of my home and
imprisonment for 30 days.

      Evidence 20 Search warrant based on threatening etc, signed 7th of
       September 2007 by investigating prosecutor Bergmann, not an
       independent judge.
      Evidence 06 Application for release from custody with according
       release justification of lawyer Ganden Tethong Blattner, 06.10.2005
      Evidence 19 Stipulation district court Zurich to Rudolf Elmer,
       11.10.2005; Stipulation in respect to application for release
       (imprisonment on remand: false wife Ranitha Kumaarasamy, false
       claims)
      Evidence 18 Backdated stipulation of district court Zurich to Rudolf
       Elmer, 11.10.2005, RE: stipulation to application for release
       (repeated rejection, different argumentation)
      Evidence 17 Excerpt from marriage register of Elm, canton Glarus,
       Vol. 1995, Page 45, Nr. 4, 15.09.1995; Certificate of marriage Elmer,
       Rudolf Matthias and Heckel, Mechthild Adelheid

And this even though said prosecutor claims that neither canton Zurich nor
respectively the Swiss judiciary in general is responsible in the following
evidence provided.

      Evidence 01 Consultation to the appeal of 13.04.2006, no data theft,
       not responsibility of Switzerland as per prosecutor A. Bergmann


This secret witness questioning is being acknowledged – according to
StPO §131 also with the denial of release from custody, which led to me
staying imprisoned for 30 days. According to Evidence 01 there was no
reason for imprisonment.

      Evidence 19 Stipulation district court Zurich to Rudolf Elmer,
       11.10.2005; Stipulation in respect to application for release
       (imprisonment on remand: false wife Ranitha Kumaarasamy, false
       claims)

Representation by a lawyer and access to records only under
constraints

During the first interrogation I was denied a lawyer by rights, as well as I
was denied to attract one myself.

According to cantonal Zurich criminal code (StPO) § 17, Art. 1
§ 17. 1 During an investigation the defendant and his advocate are to
be given access to records as much and as soon as this does not lead to
endangerment
of the purpose of the investigation [...]

Access to records therefore only is limited and allowed only without
„endangerment of the purpose of the investigation.
§17, 2 The investigating officer has to give the advocate an
opportunity to attend the interrogations of the defendant if the
defendant requests it and
the purpose of the investigation is thereby not endangered. Lawyers
acknowledged by the canton always have to be permitted to
interrogations, as soon as
the defendant has made a first exhaustive statement or is being held in
custody for 14 days. [...] The in the interrogation participating
lawyer is given
subsequent opportunity to question the defendant in respect to clarify
the case.“

Meaning I can only consult a lawyer under three conditions, if the „purpose
of the investigation“ is not endangered, I have made a „first exhaustive
statement“ or I have been „held in custody for 14 days“.

Only after an initial exhaustive statement – without attendance of a lawyer
– I am given opportunity to talk to my lawyer.

This contradicts any [idea of a] constitutional state. Hence all statements
made in an initial exhaustive statement are futile.

      Evidence 16 First questioning by prosecutor Bergmann without
       presence of a lawyer, 28.09.2005


Judges as well as prosecutors can only enact existing law. And that's
exactly what they did. Therefore I can not go to court in Switzerland and
have turned towards an international court.

Cantonal Zurich criminal code (StPO) § 18.3.3, and 19.3.3 further specify
§18.3 3 The custodial judge ultimately decides over adjournments in
quick written proceedings.
§19.3 3 In case of existence of special reasons personal information on
the victim will not be disclosed to the defendant, as long
as this does not harm the overall interests of criminal prosecution.

Hence all lawsuits in regard to banks comprise secret procedural elements,
and are rendered arbitrary and uncontrollable for outsiders and defendants.



Onus of proof in secret proceedings

Simply the fact that a state has secret judicial proceedings available,
already questions that state. In how much the lawfully secret proceedings
are being employed, can only be answered by the one employing them.
This leads to the onus of proof needing to be placed with the prosecutor,
not one against which it is applied.



Abuse of legal instruments

As crimes within the bank can be proven by the data on the CD that I
possess while the jurisdiction lies on the Cayman Islands, I have still been
subjected to a search of my home and imprisonment for 30 days in
Switzerland, which proves the abuse of legal instruments for intimidation.
Part of this is the rejection of a release request and the following
imprisonment for the full 30 days.

      Evidence 01 Consultation to the appeal of 13.04.2006, no data theft,
       not responsibility of Switzerland as per prosecutor A. Bergmann


Art. 47 of the Swiss banking law has been abused for intimidation by
actions like imprisonment and search of a home. The disclosure of
evidence, documents and files from the bank

   1. for confirmation of my innocence on one hand and
   2. for confirmation of the crimes committed by the bank

was at least partly thwarted with confiscations at my home and at my
mother's place. Exactly this had been the purpose of the action: keeping
crimes committed within the bank secret.

      Evidence 25 Protocol of search of home, 27.9.2005; list of
       confiscated items - confiscation of evidence



Procrastination

Since the imprisonment and according accusations (September 2005) the
Swiss proceedings against me have neither been opened nor closed.

      Evidence no formal complaint until today
      Evidence 25 Protocol of search of home, 27.9.2005; list of
       confiscated items - confiscation of evidence
      Evidence 07 Legal notice of denial in relation to threatening/stalking,
       11.12.2007
      Evidence 08 Legal notice of denial in relation to evasion of social
       security payments, 30.10.2007
      Evidence 37 Email cantonal ombudsman Zurich, 16.04.2008
       acknowledges that both appeals have arrived at the court the 3rd
       and 8th of January 2008.

Procrastination in part also is used for lapse of time of the abuse of
regulatory proceedings (unlawful search of my home, imprisonment) and of
those of the bank against me (threatening, stalking) as well as lapse of
time in respect to bank internal crimes (as data cannot be used for
prosecution).



Massive damnification of family and private life due to coercion
and stalking

The private and family life (Article 8, 1 of the [EU Human Rights]
convention) has been seriously impacted. Not only we ourselves felt
strongly harassed over a time-frame of 3 years. Also our neighbors
became alienated. Our daughter and I needed mental care and she herself
wanted rather to die than continue to live. Our effort to bring the stalkers in
front of a court since June 2005 had been rejected by the prosecutor.

      Evidence 33 Letter re Observation/Stalking by so-called „Private
       Investigators“ from April 2004 to Nov 2005 in Freienbach signed by
       witnesses.
      Evidence 13 Letter B. Trotter, Psychologist lic. phil to Family Elmer,
       22.08.2006; Final statement related to treatment of Helena Elmer.
      Evidence 14 Drawing Helena, my daughter, of spring 2005 with letter
       to prosecutor Bergmann, 13.03.2007
      Evidence 07 Legal notice of denial in relation to threatening/stalking,
       11.12.2007
      List of actions against my family

In particular the right of our at that time 6-year old daughter on freedom
and security has seriously been restricted and she could not experience a
normal life in the home town of her family; she felt pursued even on her
daily way to Kindergarden.
Inhumane and degrading treatment of a human

According to Dr. med Carole Kherfouche, mental service of the detention
facilities canton Zurich I was 100% incapacitated during my imprisonment.
Despite of this diagnosis I was kept as any other prisoner. I was not
examined and the conditions of my imprisonment did not meet those of a
person with health issues. During the first night not even the light in my cell
was switched off (intended intimidation/torture technique)

      Evidence 15 Dr. med. Carole Kherfouche, prison doctor and
       detention service canton Zurich to Basler Insurance Group,
       3.1.2006; medical certificate UVG, Rudolf Elmer

The approach of executives of Julius Baer Holding AG, Zurich and Julius
Baer, New York during my polygraphing test, that had been acknowledged
by Julius Baer Holding AG, Zurich as the group-responsible entity: If the
bank had not rewritten me to a local employment contract just two months
before the test, I could have taken legal action with the prosecutor in
Zurich respectively in Switzerland. The modus operandi was just so
dissembling that I lost Swiss and lawful employee protection.

      Evidence 21 Campbell, Attorney-at-Laws; Description of
       circumstances, 27.02.2003

Six Weeks before my spinal surgery (January 2003) I have been
necessitated by executives of the bank to conduct the polygraph test
(November, 22nd 2002). I could not sit still for 20 minutes then (required
were around 2 hours). I have alluded to my situation multiple times; I have
given witness of my medication, that did not resolve the pain despite taking
the highest dosation and was called simulant by the polygraph examiner,
who was no doctor.

      Evidence 34 Termination of employment letter by the Bank Julius
       Baer on the grounds of me trying to fight the polygraph test,
       10.12.2002
      Evidence 36 Medical attest Dr. med. Felix Haefner (family doctor) to
       „To whom it may concern“, 18.2.2003, Medical History of Rudolf
       Elmer
Expropriation of files as of lack of legal basis

My belongings were not protected. On 27th of September 2005 the police
confiscated files, computer and data carriers during the search of my home
during the search of my home, that would have been important for me in
order to defend myself or charge the bank.

      Evidence 25 Protocol of search of home, 27.9.2005; list of
       confiscated items - confiscation of evidence


This data is important to me (and partly irrelevant for any police
investigation) as I could base my reasoning against the bank respectively
APA and also my defense against accusations on them.

My daughter, wife and I are thus discriminated as also detailed data on the
stalking (time-lines, information on when and where) was part of those files.



Conclusions

Secret proceedings - no individual cases

Switzerland has already been convicted multiple times as there always
were secret legal proceedings that prevent the axiom of fairness, publicity
and independence of the court in criminal and civil proceedings and
therefore any sort of effective defense.

This also contradicts the Swiss federal constitution (Peter Saladin, The
constitutional principle of fairness: conservation and deployment of law in
the legislation of the Swiss federal court, Basel, 1975, p. 41ff, new federal
constitution BBI 1997,I,181ff)

The guarantees of Art. 6 European Human Rights Convention are valid
especially in cases in which the significance of a criminal charge ("any
criminal charge") like I am subjected to as a defendant, needs to be
decided upon.

Hereby the definition of the criminal charge has to be regarded
autonomously, it fully depends on if the criminal charge against me is part
of the criminal code of the accuser. Significant is only the purpose of the
agreement of Art. 6 EHMC, not the formal relationship (ruling Engel c/NL,
GH 22 Num.82; Minelli c/CH 62, 14 Numb. 26ff).
For the clarification if the guarantees of proceedings have been met the
whole proceeding has to be regarded (rulings Pretto and others c/I GH 71
Num. 27; Ekabatani c/S GH 134 Num. 28).

Indeed the line of argument is in primarily business of the national court of
Switzerland, but the European commission and court both state being
responsible for the validation if a proceeding in its whole, including the
manner in which incriminating and exonerating material has been
presented, has been fair (rulings Achtari c/CH VPB 1995 Nr. 131; Oezene
c/CH VPB 1992 Nr. 52; Maino c/CH VPB 1998, Nr. 96).

So the commission administrated in case of Baragiola c/CH DR 76,76, who
reprehended violation of Art. 6 EHRC inter alia by stating that the Tessin
trial jury based its conviction on claims made by accomplices that had
promised mitigation of punishment in Italy and usage of such claims could
establish doubts on the credibility of the fairness in such a proceeding.

The commission has always criticized anonymous witnesses that cannot
be questioned by the defendant during the whole proceedings, as they
made use of their right to deny attestation.

      Windisch c/CH GH 186
      Kostovski c/CH, GH 166
      Feldbrugge c/D GH 99,
      Brandstetter c/A GH 211,
      Nideroest- Huber c/CH Rec 1997, 101 Nr. 23,
      Ankerl c/CH Rec 1996, 1553 Nr. 38

and also in regard to the principle of equal terms and concession of special
rights to the prosecutor:

      Unterpertinger c/A GH 110 Ziff.28 ff,
      Luedi c/CH GH 238

In this respect the court also admonished the lack of access to records and
the positive obligation of the court to deliver relevant files to a party, even if
this party has not explicitly asked for this access.

      Kerojaervi c/SF, GH 322, Nr. 42ff

Of a total of 17 performed cases Switzerland alone has been involved into
10 of these, a regularity and accumulation that clearly are not based on
false decisions of individual judges, but actually reflect the legal state.
Abuse of the right to free expression of opinion

The banks have abused their right to free expression of opinion in the
media, with all consequences that bring slander and libel, last but not least
leaving our home country as a consequence of this chivvy, staged by the
gentlemen Ballmer and Haessig.

      Evidence 28 Three newspaper articles:

   1. Weltwoche, Schweiz „Das Leck im Paradies“, by Lukas Haessig;
      published 25.06.2005
   2. Sonntagszeitung, „Deutsche Finanzämter profitieren von
      gestohlenen Kunden daten“, by Meinrad Ballmer, published 2006
   3. Financial Times Deutschland, „Fiskus profitiert von Datenklau“, by
      Meinrad Ballmer, published am 17.04.2007

      Evidence 24 Letter Rudolf Elmer to press council, 25.3.2008;
       Complaint against legally relevant libel, slander and defamation

Weltwoche: the offender "...being Swiss citizen R.E. (name known to
editorial staff), who...".

Sonntagszeitung: "...Insiders assume the offender to be a psychically ill...",
"...the bank terminated the employment with the today 52-year old Swiss
citizen, after an investigation on the Cayman Islands did not reveal any
clear result."

And this is nothing new: the current UN commissar Jean Ziegler has been
stalked and potentially committed to be silent after the publishing of his
book. Christoph Meili had to seek asylum in the US when he decided not
to destroy information on accounts of victims of the holocaust, but rather
provide these to the victims. We had to leave Switzerland as of this
pressure.

Until this day my case is not resolved, and therefore my 8-year old
daughter, my daughter and I are still subjected to previously described
threats.

We therefore ask for quickest possible treatment of this case. s
STATEMENT OF ALLEGED VIOLATION(S) OF THE CONVENTION
AND/OR PROTOCOLS AND OF RELEVANT ARGUMENTS

Art. 1 Commitment to respect of human rights

Switzerland violates the convention on human rights and its protocols in
our case via the banking law with Art. 47 (banking secret), 1) and 3), and
via the cantonal criminal code of Zurich (StPO §17, §19, §131ff):

Rights in criminal proceedings are abided arbitrarily - depending on gusto -
and only under certain circumstances.


Art. 5 Par. 1a "Every Person has the right to freedom and safety"

The lawfully but arbitrary measurements taken to imprison me for alleged
violation of Art. 47 have deprived me of my freedom. Prosecutor and Bank
Julius Baer can invoke Art. 47 and the criminal code including alterable
proceedings, therefore having acted based upon existing law: two lawsuits
against the bank have also been denied.

Art. 47 - the Swiss banking secret and its lawful, cantonal secret
proceedings do not provide legal security.


Art. 6 Par. 1 "Right to fair process

The measurements against me - according to Art. 47 of the banking law
and cantonal criminal code of Zurich have and always will anticipate a "fair
process". The principle of equal terms does not exist.


Art. 8 Par. 1 "Respect for private- and family-life

Considerable threats by the bank and action of the state like abuse of a
home search, imprisonment, the prohibition of a lawyer during the initial
interrogation - all lawful as a consequence of the trade / bank secret and
the cantonal criminal code of Zurich - as well as the stalking have
considerably harmed out private life.


Art. 10 Par. 1 „Freedom of expression of opinion“
The Swiss banking secrecy as trade secret and its massive threats of
punishment prevent my free expression of opinion related to crimes
committed within the bank like:

      false certification
      document forgery
      aiding and abetting
      tax evasion for foreigners
      instruction to tax fraud
      malicious harm of property
      evasion of social security premiums
      possible money laundry in the case of Raul Salinas / Curtis Lowell Jr.
       / Julius Baer

If I should nevertheless express my opinion this leads to unjustified
sanctions such as altering of the polygraph test, employment termination
and - if I should contact any official authorities to imprisonment, search of
the him with confiscation of property and relevant evidence.


Art. 14 "Ban of disadvantage"

The banking law with Art. 47 and the paragraphs from the Zurich cantonal
criminal code cited above, favor banks and penalize me, the citizen. There
is no equality of terms. My criminal complaints against threatening and
coercion via stalking have been rejected, resulting in my family being
subject to further discrimination by unfair proceedings. Additionally that
there is a federal ruling related to stalking (BGE 129 IV 262 of 26th of
August 2003) in respect to coercion via stalking, while my legal claim got
turned down. Even though i appealed against this rejection with the
cantonal high court, there is no prospect of a fair process under Art. 47 and
its witness protection.

As banks know this, further crimes can unscrupulously be conducted with
this law up their sleeves.


Additional protocol 12 Art 1 "General ban of discrimination"

The Swiss banking secret, Art. 47 and the Zurich cantonal criminal code
discriminate by violating the basic right of "equal rights for everyone" and
by subjecting it to arbitrariness.
Art. 10 Par. 2 "Abuse of the right to free expression of opinion

The bank has abused its right to free expression of opinion by giving false
information to print media and causing slander and libel to me. This can be
done unscrupulously as the legal situation pertaining to the secrecy in Art.
47 will make sure penally relevant methods like slander etc will stay secret
also.


Art. 3 "Inhumanely and degrading treatment of a human in prison"

According to Dr. med Carole Kherfouche, mental service of the detention
facilities canton Zurich I was 100% incapacitated during my imprisonment.
Despite of this diagnosis I was kept as any other prisoner. I was not
examined and the conditions of my imprisonment did not meet those of a
person with health issues. During the first night not even the light in my cell
was switched off (intended intimidation/torture technique). This also is kept
secret in respect to Art. 47 and proceedings with a bank.


Additional protocol 1 Par. 1 „Protection of property“

My property has not been protected. In contrast: it could be taken lawfully:
on September 27th 2005 the police has confiscated files during the search
of my home that would have been substantial for my defiance to take all
my possibilities of defending or taking legal action against Bank Julius
Baer.

Again this is being kept secret under Art. 47 and the according §131 of
Zurich criminal code.

STATEMENT RELATIVE TO ARTICLE 35 PARAGRAPH 1 OF THE
CONVENTION

1) Final decisions (date, court or authority and nature of decision).

Swiss banking secret per Art. 47 1) and 3), Zurich cantonal criminal code §
StPO §17, §19, and §131 ff.


2) Other decisions (list in chronological order, giving date, court or
authority and nature of decision for each of them)
      27.09.2005: search of home

      28.09.2005: mittimus

      30.10.2007: Denial notice of claims related to Bank Julius Baer's
       evasion of social security payments by prosecutor Zurich-Sihl.
       (Evidence 08)

      11.12.2007: Denial notice of claims in relation to coercion via
       stalking, threatening etc (Evidence 07)

For both denial notices appeals have been filed with the cantonal high
court of canton Zurich, 3rd criminal division, Zurich. .


3) Is there any other appeal or other remedy available to you, which you
have not used. If so, explain why you have not used it.

No. Lawsuits against the bank and complaints about the official procedures
are possible but remain without a sound and fair basis due to Art. 47 and
the secret proceedings defined in §131 of Zurich criminal code. In contrast:
it is dangerous and therefore unacceptable.

IV. STATEMENT OF THE OBJECT OF THE APPLICATION

1) I request to convict Switzerland as the banking secrecy as trade secret
and law (Art. 47 of the banking law) and the hereto connected criminal
proceedings, especially the secret proceedings according to Zurich
cantonal criminal code §131ff, violate the convention to the protection of
human rights and basic freedoms.

2) I request restoration of the protection and public honor of my family.

3) I request conviction of Switzerland to the payment of a compensation,
based on Art. 41 of the convention.



STATEMENT CONCERNING OTHER INTERNATIONAL
PROCEEDINGS

1)Have you submitted the above complaints to any other international
investigation or settlement? If so, give full details.
No.




Date 2. Applicant


Date 3. Applicant



ATTACHMENTS (IN NUMERIC ORDER)

   1. Consultation to the appeal of 13.04.2006, no data theft, not
      responsibility of Switzerland as per prosecutor A. Bergmann
   2. Murder of Frederic Bise, Swiss Banker, 13.02.2008
   3. 133,IV.235 Excerpt from the ruling of the court of cassation, Swiss
      Federal Prosecutor against X, Y and Z (nullity complaint), File
      number 6S528/2006 of 11th of June 2007 (Salinas – Curtis Lowell
      jun.)
   4. Confirmation of employment of Rudolf Elmer by Bank Julius Baer,
      06.06.2006
   5. Protocol of investigation, police Canton Zurich, 31.05.2007; initiation
      of post-taxation process
   6. Application for release from custody with according release
      justification of lawyer Ganden Tethong Blattner, 06.10.2005
   7. Legal notice of denial in relation to threatening/stalking, 11.12.2007
   8. Legal notice of denial in relation to evasion of social security
      payments, 30.10.2007
   9. Interpellation National Council by SP Fraction (M. Kiener Nellen)
      Spring 2008
   10.        Demand (KR- NR /2008) to the Cantonal Council by SP
      Waedenswil, Julia Gerber Rüegg and Greens, Oberreiden, Ralf
      Margreiter, Spring 2008
   11.        My affidavit, witness Christoph Hiestand, jurist of Bank Julius
      Baer Holding AG, Zurich, of 18. April 2008
   12.        File notice lawyer Ganden Tethong Blattner „Hush-money“ in
      the beginning CHF 500’000, then 400'000, 27.06.2006; no extortion,
      as initiated by the bank.
   13.        Letter B. Trotter, Psychologist lic. phil to Family Elmer,
      22.08.2006; Final statement related to treatment of Helena Elmer.
14.        Drawing Helena, my daughter, of spring 2005 with letter to
   prosecutor Bergmann, 13.03.2007
15.        Dr. med. Carole Kherfouche, prison doctor and detention
   service canton Zurich to Basler Insurance Group, 3.1.2006; medical
   certificate UVG, Rudolf Elmer
16.        First questioning by prosecutor Bergmann without presence of
   a lawyer, 28.09.2005
17.        Excerpt from marriage register of Elm, canton Glarus, Vol.
   1995, Page 45, Nr. 4, 15.09.1995; Certificate of marriage Elmer,
   Rudolf Matthias and Heckel, Mechthild Adelheid
18.        Backdated stipulation of district court Zurich to Rudolf Elmer,
   11.10.2005, RE: stipulation to application for release (repeated
   rejection, different argumentation)
19.        Stipulation district court Zurich to Rudolf Elmer, 11.10.2005;
   Stipulation in respect to application for release (imprisonment on
   remand: false wife Ranitha Kumaarasamy, false claims)
20.        Search warrant based on threatening etc, signed 7th of
   September 2007 by investigating prosecutor Bergmann, not an
   independent judge.
21.        Campbell, Attorney-at-Laws Description of circumstances,
   27.02.2003
22.        Evidence 22 Memorandum Julius Baer, Swisspartners, Mr Jud
   Irland, 11.07.1997
23.        Memorandum Winston Layne Settlement „US property could
   lead to the Trust and the ownership“, 27.01.1999“
24.        Letter Rudolf Elmer to press council, 25.3.2008; Complaint
   against legally relevant libel, slander and defamation
25.        Protocol of search of home, 27.9.2005; list of confiscated
   items - confiscation of evidence
26.        Letter compensation office for Swiss banking industry to
   Rudolf Elmer, 3.8.2007, supplementary compensation ruling
27.        Minutes of Meeting: Julius Baer, Cayman, 13.01.2000;
   Decision of Management
28.        Three newspaper articles
29.        Weltwoche Schweiz, ,Das Leck im Paradies“, by Lukas
   Haessig; published 25.06.2005
30.        Memorandum Caesar Trust Jonathan Lampitt „Trust should be
   treated for US tax purposes as owned by another person“
31.        Employment with Julius Baer to Rudolf Elmer, 16.09.2002,
   Repercussive agreement on precaution responsibility, Point 3
32.        Maples and Calder, Cayman „ongoing obligations of
   confidentiality and you may also be committing a criminal offense“,
   09.05.2003
   33.       Letter re Observation/Stalking by so-called „Private
      Investigators“ from April 2004 to Nov 2005 in Freienbach signed by
      witnesses.
   34.       Termination of employment letter by the Bank Julius Baer on
      the grounds of me trying to fight the polygraph test, 10.12.2002
   35.       Swiss federal ruling of 2003, qualifying stalking as coercion
      (129,IV,262) 26.08.2003
   36.       Medical attest Dr. med. Felix Haefner (family doctor) to „To
      whom it may concern“, 18.2.2003, Medical History of Rudolf Elmer
   37.       Email cantonal ombudsman Zurich, 16.04.2008 acknowledges
      that both appeals have arrived at the court the 3rd and 8th of
      January 2008.
   38.       Documents revealing the money-flows and commercial
      conduct of Mr. Juerg Grossmann.
   39.       According to excerpt of an order by cantonal police Zurich of
      May 31st 207 the bank refuses to hand over the CD it had obtained
      from CASH.
   40.       Prosecutor of [Canton] Schwyz acknowledges on 17. January
      2007 that the complaint had been submitted via police rapport to
      police command Zurich on 30th of June 2005.

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